Patna High Court
Deep Paswan @ Dip PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Deep Paswan, was charged under Sections 190, 191(2), 126(2), 115(2), 103(1) and 61(2) of the B.N.S. for allegedly assaulting the son of an informant with a knife, resulting in death. The prosecution alleged a group assault involving multiple accused, while the petitioner claimed innocence, citing lack of material evidence and inconsistencies in the post‑mortem report that showed no cut injuries. The petitioner, who has no prior criminal record, had been in judicial custody since 10‑12‑2025 and sought bail. The State opposed the bail application. After hearing both sides, the Court found the evidence insufficient to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the charges and the prosecution’s claim of a group assault.
- Whether the material evidence, including the post‑mortem findings, is sufficient to justify continued judicial custody.
Legislation cited
- B.N.S. — s. 103(1), 115(2), 126(2), 190, 191(2), 61(2)
Subjects
- bail
- criminal procedure
- assault
- murder
- false implication
- postmortem report
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22023 of 2026
Arising Out of PS. Case No.-1270 Year-2025 Thana- NAWADA District- Nawada
======================================================
Deep Paswan @ Dip Paswan, Son of Ranjit Pawan, R/v- Kharanth PS-
Muffasil, District- Nawadah, Present address Mohalla- Rajendra Nagar Navi
Nagar, P.S. and District- Nawadah
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Nawadah P.S. Case No. 1270 of 2025 registered for the
offence punishable under Sections 190, 191(2), 126(2), 115(2),
103(1) and 61(2) of B.N.S.
3. The case of the prosecution, in short, is that the
petitioner along with others has assaulted with knife to the son
of the informant due to which he succumbed to the injuries.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has submitted that as
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per the case of the prosecution, there are altogether 8 named
accused persons and 10-12 unknown miscreants are there. It is
alleged that the son of the informant was being assaulted with
lathi, danda and knife. It has further been submitted that in this
case, police has submitted final form with respect to this
petitioner but learned trial Court has taken cognizance against
him. It has been submitted that there is absolutely no material
against the petitioner. It has further been submitted that from
perusal of the postmortem report of the deceased, it will
transpire that altogether seven injuries were found on the person
of the deceased which is abrasion, laceration and swelling. The
doctor has opined that the cause of death is the head injury
caused by hard and blunt object. It has also been submitted that
from perusal of the ante-mortem injuries of the deceased, it is
clear that no cut injury was found on the person of the deceased
whereas there is also allegation of assaulting with knife. It has
further been submitted that only seven injuries were found on
the person of the deceased whereas according to the case of the
prosecution, the assailants were 20 in number, 8 named and 12
unnamed. Petitioner is having no criminal antecedent and he is
languishing in judicial custody since 10.12.2025.
5. Learned APP appearing for the State has
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vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Nawadah in connection with Nawadah P.S.
Case No. 1270 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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